-.


## NET GENE EXAS

Han, R, A, Taylor, Jr0 County Attorney Zavala County Crystal city, Texas

Dear Sir: OpinXon No, V-559
fle: CaPllng of rural high school elections by courky school board :n-&e:r~’ Article 2922c, v3C, S,& as amended,

WePefera to your Wttex of recent. date from which wequote, in part,, as follows:

“If the County Board of T~wtees ordews the election z?equ,ix-edby Arlt, 2922~ on its ownmotfon, sreehackLon \WOUPdpxesumablg be based upon the reqwstjj oral or written, 0~petition of pe~yons k&xested in th.e cxeatlon of the 3xxaP high school diatvict F

“If sxh areqms% 02pet,Lci.on, i:s presented to t,he Cailnt,yAo~~KI0%Tru,-- tees, is it mandatory that, .%he> electicn be called by the Board, rJ;pqs s&at &I>- cpetionaky ,with the Board?‘”

“In each crganf.zed 0wonky in +,hfs state, and Ilnany county ?&aP-,fch ,&all her-eaftea be or~ganfzed, :he ~%xnty school trustees shall have the alrt,ho:rify to form one ok moperural high school dist.ric?.sl by grouping contiguo3.s commone:hool distnicts having less than,fo::.r hnrdred ~.kYlO] scholastic populati.on and tndap?ndent school d9striats hav:.ng less than twohw= tied fift.y (250) scholastic popul.atson, ITOP the pwpose of establishing and operating rural high schools; pscwPda-3, also, thatthe county school truasse:j mayarnxx one OPmoxe common,s,chool d%str~~icty or one OP more independent school dist~rfcts hexingHon., R. A. TayloP, Jr., page 2 

### (v-559)

leas than twohundred fifty (250) scholastic population to a common chool district having four hundPed (4007OPmore scholastic population, or to an independent district having two hundred.,Plfty (250) OP more scholastic population.”
Article 2922-z,
viaeel: as amendedby 9.

“NOrural high school diatrlct, provided fop nereln, snail contain a greater area than one hundrad squaPe B, 

### 341, PPOas miles, OPmore than ten elementary school districts, except that the county school board of school trustees w form rural high school districts, as provided in Article 2922a,, containing mope than one hundred square miles, upon avote of amajority of the qualified electors in the said proposed rural high school district voting at an election called for such purpose; and profldad further, that the said board of county school trustees H form aPural hLgh school district containing more than ten elementary distrfcts upona vote of a majority of the qualified voters In each of the elementary dlstz81cts within such,propoaed rural high school district.” (Emphasis ouPsl
In certain in&awes the county tPustees’aPe authcrized to fo~n PuPal highschool distpicts without the necessity of submlttihg the question to a detePmlnatlon of thd electorate of the districts involved. Article 2922a, aa amended. They are also authopized to ” form rural hi school districts under the conditions specified in fi title 29220, as amended. But theiP aathoritg In this respect Is lidted to there first being an approval by the majority of the qualified voters of the proposed district, whsrs the dlstpict proposed contains an area greater than 100 square miles and CoispPfsed of not’ more than ten elementary dfstricts, or the approval,by the majority of the qualified voters in each of the elementary districts where the proposed rural high school distPict shall contain more than ten elementary distPicts* Article ,2922c, as amended; County Board of School Trustees v. Mayfiald C,S.D, No, 22, 140 S.W,

## t2dg956.
It harrbeen held that the ruthozdty to c&E an eleotfon on pn4atlons of o~gaalefay: a PUPOPhigh 

### school &f&pi& fs sleeted %Athe oouxdy bom.pdof tm~uatees. Countz v. MftchdU, 

### 38S.wm(24) 

## 770. Thexefe no $I” ovfsioain A~tfoles 

### 29220,29226p OFcbth4PPwPaP 

### h school dfetPfct lawa, ,~eq~lfPing %o pP,roeentatioa of 

### apetition to said board bef'o~4 upridbow& my 4x4~ else the aPrthoPity gPrated it in eofd &at&es %oOP4ate ~$~;160h~h mhool d%atHct, Canon PORasbwy, 21 S.W,

FuPthePmPe, it has been heId fn @oxgoBeard, 

### 87S.V.(24 883# that the app~ovaI. of tmateeta of dfstrlata effe@ted in the foaaatfon of aPUPPLP high sahool distpist is not neoesesslaPgwhwe emePes;tion Yaregufa4dend held under the pacviaiona of kt;ioEe 2922e, A%- topary 

### QenepalnsOpf.nfcms Has,&268 ana 

### &600~,
Under Ad%cls 29220, boweve~, the a’utha~%ty th4r4fn gPomted to the sounty bam~dto &olieah an establlehed xwal high B&BOP.dfiatz?oiet.fs prcedfmtea upon the 

### ppesentnent of apstitfcn sfgnd byYla~jaaftg of the votePa of eaob al@rw%ary cU&~Let mmprfskg th4 rwal hi& aahool dist~iat, Bi triet %'?mtrepr PB, County Sohoof Tmxstees, 203 SOMOQ2d $60, at p4ge 86%. 7 

### Thus,the 

### countybow& c?$trusteseu has @anary paver in the creation of ~uml hIgh school &Llatkictao County OehobP Tm.wteee v, Dfst~%et mugtees, 1% S,W,[2d) 891.~ Xthas 

### been un8famly h&l that the Leyis$srtx~e Uayl414gs;te its arPthorPftg to such a emSas. 8 

### W%seCornIIOASehocl.Dist~ict 

### No.~2vo CO&PC ounty School To, 141 S.W.f2a) 

### 1028, .Fwther, it was held fn Bojrk9 of School Ilpupstees'v. Wooil~ooT1,S,P,,9~~90 S.W,(Zd) 333, tkmt the oopmtj board bai exolusfve, Qw$ad$~tSae, subject to statut4r-y limitations, of"gwoeeed%rg to 

### axeate0,mraP high school district fmm date af pre-sle@tion o~d4~ to entry of formal order creating dfstP%e~t, especf4lBy ixk th4 abs4nce of aM.egatfon that the pubIfs was injmea by the boaxdDs octioti WMng such txm~ wequote from 

### said cash, rt page 337"

n By statute ft QGowit~ School Boo~d)~l~ iiven 

### unbx%bPedpower over the $omatfon of ~awsl hfgh school distdct. 0AZ%" inIIOn.,R, A, Taylor, Jr,, page 4 (v-559)

part: gin establishing high schools9 said trustees shall give due regard to schools already looated, to the distribution of population, and to advancement of the students In their studies.8n (Emphasis ours)
In Gibson v. Couch, 153 S0w.(2d) 288, the county board ordered an election under Article B922c (the area in the proposed district being greater than 100 square miles) to determine whether amajority,of legally qualified voters of each of six dietr$t;ae+ sired to form arural high school district, held that the county boar8 could not be compelled to entar an order recognizing the proposed district as legally established even though the returns showed a majority of the voters of the proposed dlatriot for gr0llpillg*

290: Wequote from the Clbson-Couch case at page

“The Board was under no legal duty to group the districts and owed to Relators no such legal duty enforcible by mandamusc The law (Art> 2922c) says the Board m group on amajority vote of a proposed district, but nowhere does It attempt to take away the dleorotion orlginally lodged in the Board in matte:rs of forming rural high schools, Since the Raskell County Board in harmony ‘with its pre-election order, and in the exercise of its undoubted discretion refused to group the six dlstrlots, it follows that the relators are not entitltd to the writ of mandamusprayed for.
In the light of the provisions of Article 2922c, as construed by the courts In the above cited oases, it is our opinion that the matter of calling an election ae ’ provided under Article 2922c, es amended, is discretion& arg with the County Board of School Trustees,
SUMMARY
Thematter of calling an election authorized and as provided under Article 2922c, VernonDs Civil ‘Statutes, as amendedby 9, B. 341, Acts 1947, 50thHone 2. A, Taylor, JP,, page 5 (v-559)

Leg., Rosa.” Ghapter 298, is dismetionarg with the County Board of School lkustees, Gibson v. Cosaoh, 153 S,76.(26) 

### 288; Board of School Trustees v. ~oodzow I. School Dist,, 90 S,W,f2d) 3330 YQUPSvery tmlg,
ATTORNEY

OENERAL

OFTEXAS

CEOsmw

ATTORNEY GENERAL